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(영문) 인천지방법원 부천지원 2019.05.24 2019고단457
경범죄처벌법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant did not pay KRW 75,00,00, including additional charges, because he/she was found to have a drinking disturbance, etc. under the Punishment of Minor Offenses Act at the Rool District District District District in the Gyeongnam-gu Police Station around June 27, 2014 and received a notification of KRW 50,000,000, as the Defendant did not pay the penalty.

2. According to Article 8(3) of the Punishment of Minor Offenses Act, a person who has paid a penalty after receiving a notification disposition on the payment of penalty shall not be punished again. This is recognized as having the same effect as a final and conclusive judgment on the payment of penalty by notification disposition.

According to the records, the Defendant may recognize the fact that he/she paid all penalties of KRW 75,00 on January 28, 2019, prior to the deadline for payment of the same disposition of notification as the facts charged ( January 30, 2019).

According to the above facts of recognition, the effect equivalent to the final judgment due to the payment of the penalty on January 28, 2019 on the violation of the Punishment of Minor Offenses Act has already been binding on the violation of the Punishment of Minor Offenses Act.

Thus, the facts charged in this case constitute a final judgment, and thus, a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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